ALTAMAS KABIR, J. - (1.) THIS writ petition is one of several matters, which have been referred to the Division Bench for hearing and disposal inasmuch as it involves a question regarding invocation of Rule 74(b)(ii) of the Jharkhand Service Code by the Jharkhand High Court in recommending compulsory retirement of the writ petitioner.
(2.) AS will appear from the case made out in the writ petition, the writ petitioner was appointed as a Munsif in the Bihar Judicial Service and he joined the said post on 9th June, 1975. According to him, he performed his duties and functions to the entire satisfaction of the authorities concerned and was lastly promoted to the post of Subordinate Judge in the year 1992 when he was posted as a Sub -divisional Judicial Magistrate at Jamtara. According to the writ petitioner, he was transferred to Ranchi in December, 1992 as a Subordinate Judge and continued in the said post till January, 1996. While working in the said post, the petitioner was served with a show cause notice regarding transfer petitions filed in respect of cases pending in the petitioner 'sCourt. In January, 1996 the petitioner was transferred to Jamui as Subordinate Judge where again he was served with a similar show cause notice and the reply filed by him was summarily rejected. While at Jamui, the petitioner was served with another show cause notice in connection with his leaving the station without prior permission of the authority. His reply to the said show cause also summarily rejected.
(3.) IN June, 1998, the writ petitioner was transferred to Buxar where also he was served with a letter regarding his poor disposal of case. In September, 1999, on his own request, the writ petitioner was transferred to Gaya and while at Gaya, he attained the age of 58 years, which was the normal age of retirement. Thereafter, in keeping with the direction given by the Hon ble Supreme Court in the case of All India Judges ' Association V/s. Union of India, - - - - , the case of the writ petitioner was taken up for consideration as to whether his service should stand extended till 60 years. As will appear from Annexure 5 to the writ petition, the writ petitioner was informed by the Registrar General of the Patna High Court by his communication dated 9th December, 1999 that pursuant to the judgment and orders of the Supreme Court, the Court having assessed and evaluated the services of the Judicial Officers who are to complete 58 years by 30th June, 2000 had been pleased to allow the writ petitioner the benefit of enhancement of his retirement age from 58 years to 60 years. Soon thereafter, the State of Bihar was bifurcated on 15th November, 2000 and under the provisions of the Bihar Reorganisation Act, 2000, the petitioner was posted in the State of Jharkhand and was transferred from Gaya (in Bihar) to Chatra in the State of Jharkhand to similar capacity.;